Except as provided in this article, the lawful use and location of any building or land existing at the time of enactment of the ordinance codified in this chapter or of any amendments to this chapter, may be continued even though such use or location does not conform to the requirements of this chapter.

(Ord. No. 7-2009, § 1, 10-28-2009)

Ordinary and routine repairs and maintenance of a nonconforming building shall be permitted.

(Ord. No. 7-2009, § 1, 10-28-2009)

(a) Except for single and two-family buildings, a nonconforming building or use which has been destroyed may not be restored unless the building or use is made conforming. For the purpose of this article, a building shall be deemed destroyed when either 50 percent of its floor area, or 50 percent of its actual value (as determined by the Arapahoe County assessor) is destroyed.

(b) A nonconforming single or two-family building, used as such, which has been damaged or destroyed may be restored to its original condition regardless of the extent of the damages, provided that such work is commenced within one year of the date of the damage and substantially complete within two years of the date of the damage.

(Ord. No. 7-2009, § 1, 10-28-2009)

Whenever a nonconforming use has been abandoned, such use shall not thereafter be reestablished, and any future use shall be in conformance with the provisions of this chapter. Discontinuance of the use for an uninterrupted six-month period shall constitute an unrebuttable presumption of abandonment.

(Ord. No. 7-2009, § 1, 10-28-2009)

A nonconforming use permitted under this article shall not be changed or replaced to a different nonconforming use.

(Ord. No. 7-2009, § 1, 10-28-2009)

A nonconforming use permitted under this article shall not be expanded, increased or enlarged. An expansion of a nonconforming use shall include, but is not limited to, any change that results in any of the following:

(a)

An increase in usable floor area or an increase in percentage of the use of the parcel or lot, of a non-residential use;

(b)

The addition of a dwelling unit to a residential use.

(Ord. No. 7-2009, § 1, 10-28-2009)

(a)

A nonconforming building may not be expanded in such a manner to increase the nonconformity, including but not limited to any new construction in violation of required setbacks or building height in the applicable zoning district.

(b)

Structural changes to a nonconforming building that have the effect of increasing the life of the nonconforming building shall not be permitted unless the building official determines that such change is necessary to rectify a hazardous condition or safety concern.

(Ord. No. 7-2009, § 1, 10-28-2009)